You are here

FIA-12-0060 - In the Matter of California-Arizona-Nevada District Organization Contract Compliance

On November 1, 2012, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Department of Energy’s Loan Guarantee Program Office (LGPO). California-Arizona-Nevada District Organization Contract Compliance, the Appellant, requested a copy of documents relating to the loan guarantee contract for the Aqua Caliente Solar Project (Project). Specifically the Appellant requested the names of contractors and subcontractors referenced in the loan agreement. LGPO provided the Appellant with several redacted pages of a document of which the names of three firms who the loan applicant had determined qualified to be the Engineering, Procurement, and Construction contractor for the Project were withheld pursuant to Exemption 4 of the FOIA. The Appellant appealed the withholding of the names of the contractors. Upon its review of the unredacted document, OHA found that the withheld firm names constituted information which had been involuntarily submitted to the DOE and that release of the names could result in competitive harm to the loan applicant. Consequently, OHA found that Exemption 4 had been properly applied to the names of the firms and that the Appeal should be denied.